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Item 3.1 Otsego_KwikTrip_CUPamend_rep3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 PLANNING REPORT TO: Otsego Planning Commission FROM: D. Daniel Licht REPORT DATE: 26 September 2023 60-DAY DATE: 5 November 2023 RE: Otsego – Kwik Trip (Riverbend South); CUP Amendment TPC FILE: 101.02 BACKGROUND Kwik Trip, Inc. received approval on 8 June 2005 of a Conditional Use Permit for a convenience store with motor fuel sales, truck stop, and car wash located at 16401 72nd Street at the northwest quadrant of TH 101 and 70th Street (CSAH 38) within the Riverbend South Plat. The property owner is proposing to add 10 off-street parking stalls to the site for employee parking which requires a Conditional Use Permit amendment as provided for by Section 11-4-4 of the Zoning Ordinance. A public hearing to consider an application for a Conditional Use Permit amendment has been noticed for the Planning Commission meeting on 2 October 2023 at 7:00PM. Exhibits: Site Location Map Findings of Fact and Decision dated 8 June 2005 Existing Conditions and Removal Plan dated 05/23/23 Site Plan dated 05/23/23 Grading & Erosion Control Plan dated 05/23/23 Details dated 05/23/23 Item 3.1 2 ANALYSIS The table below illustrates off-street parking required by Section 11-21-8 of the Zoning Ordinance as calculated with the initial site development: Use Required Gross Area Net Area Required Stalls C-Store Retail 1 stall/250sf. 7,224sf. 6,502sf. 26 Fuel 4 stalls -- -- 4 Car Wash None -- -- -- Total 30 The updated site plan indicates that 38 passenger vehicle parking spaces were constructed along the west side of the building and along the south property line. The 2015 approval limited the number of semi-tractor/trailer parking stalls along the east property line to 11. City staff has also observed two to three semi-tractor trailers parked immediately to the east of the building for short periods. The property owner is proposing to add 10 off-street parking stalls along the east property line, south of the 11 semi-tractor/trailer stalls for employee use. These additional stalls would free up the 38 existing parking stalls for use by customers that do not purchase fuel and leave their vehicles at the pump islands. The location of the 10 additional off-street parking stalls is 60 feet from the east property line and screened from the residential uses to the east of the property by the existing 12 foot high wall and existing vegetation planted both on the subject site and on the west side of the Wildflower Meadows Villas plat. The dimensions the proposed vehicle parking stalls comply with the requirements of Section 11-21-7.A the Zoning Ordinance with a width of nine feet and depth of 20 feet. The additional parking stalls are to be surfaced with bituminous material and surrounded by perimeter concrete curb as required by Section 11-21-7.C and D of the Zoning Ordinance. The design and construction of the off-street parking areas, including any related stormwater management issues, are to be subject to review and approval of the City Engineer. There has been concern in the past regarding extended parking of semi-tractor/trailers and passenger vehicles at the site. The extended parking appears to be more related to storage of off-duty semi-tractor/trailers, trailers only, or passenger vehicles driven between home and the semi-tractor/trailer being parked on the property. The proposed 10 additional parking stalls could be used for these purposes, which is not consistent with allowed use of the property in accordance with the approved Conditional Use Permit, especially based on proximity to the semi-tractor trailer parking stalls. To address these concerns and ensure that the property is not being used for extended storage or parking, City staff recommends the following conditions be added to the Conditional Use Permit as part of the requested amendment: 3 1. The 10 vehicle parking stalls along the east line of the property shall be posted for employee parking only. 2. Semi-tractor/trailer parking shall be limited to a period not to exceed six continuous hours. 3. There is to be no parking of semi-trailers not connected to a tractor. 4. The operator must remain upon the premises in attendance of the parked semi- tractor/trailer. Amendments of an approved conditional use permit are to be evaluated based upon, but not limited to the same criteria established by Section 11-4-2.F of the Zoning Ordinance as the initial application: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Comment: The 2023 Comprehensive Plan guides the subject site for commercial land uses. The existing motor fuel facility is consistent with the recommendations of the Comprehensive Plan. The proposed amendment is a minor change to the site plan that will not substantially alter the character or intensity of the use. The site design, screening, landscaping, conditions of approval limiting the use will continue to ensure the land use is consistent with the Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The property is surrounded by the existing and planned land uses in the table below. Development of the property gave specific attention to the compatibility of the use with the existing and planned residential uses to the east, including requirements for screening, buffering, and conditions related to the operation of various elements within the property. The conditions of approval of the initial Conditional Use Permit are intended to not encourage long term parking of semi-tractor/trailers at the property that may negatively impact existing and planned residential uses in the area. The proposed Conditional Use Permit amendment does not alter compatibility of the property use with the surrounding area. Direction Land Use Zoning Existing Use North L/MD Residential R-6 District Wetland (City) East L/MD Residential M/HD Residential R-6 District R-7 District Detached TH Townhouse South Commercial B-3 District Vet Hospital West Commercial B-3 District Undeveloped TH 101 4 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: Finding: The proposed use will be required to comply with the applicable provisions of the Zoning Ordinance, City Code, and Conditional Use Permit approved on 8 June 2015. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The addition of 10 off-street parking stalls to the property will not increase traffic generated by the use. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: The addition of 10 off-street parking stalls to the property will not increase the need for City services. RECOMMENDATION Our office recommends approval a Conditional Use Permit amendment to allow construction of 10 off-street parking stalls as compliant with the Zoning Ordinance and consistent with the criteria established by the Zoning Ordinance. POSSIBLE ACTIONS A. Motion to recommend approval of a Conditional Use Permit amendment for Lot 1, Block 1, Riverbend South subject to the following conditions: 1. The property shall be developed in accordance with the plans as approved by the City of Otsego in compliance with the requirements of the Zoning Ordinance and City Code and the conditions outlined herein. 2. The stipulations of the Conditional Use Permit approved by the City Council on 8 June 2005 shall remain in full force and effect except as specifically modified herein. 3. The 10 vehicle parking stalls along the east line of the property shall be posted for employee parking only. 4. Semi-tractor/trailer parking: 5 a. Semi-tractor/trailer parking shall be limited to a period not to exceed six continuous hours. b. There is to be no parking of semi-trailers not connected to a tractor. c. The operator must remain upon the premises in attendance of the parked semi-tractor/trailer. 5. The design and construction of the proposed off-street parking stalls shall be subject to review and approval of the City Engineer. 6. All stormwater management issues shall be subject to review and approval of the City Engineer. B. Motion to recommend the application be denied based on a finding that the request is inconsistent with the Comprehensive Plan and intent of the Zoning Ordinance. C. Motion to table. c. Adam Flaherty, City Administrator/Finance Director Audra Etzel, City Clerk Ron Wagner, City Engineer David Kendall, City Attorney Site Location Map 460 ft Overview Legend Roads CSAHCL CTYCL MUNICL PRIVATECL TWPCL Highways Interstate State Hwy US Hwy City/Township Limits c t Parcels 162 SP1Know what'sRFAX (608) 781-8960PH. (608) 781-8988LA CROSSE, WI 54602-21071626 OAK STREETP.O. BOX 2107KWIK TRIP, Inc.DJWGRAPHICDRAWN BYSCALEPROJ. NO.DATESHEETDESCRIPTIONDATE#Name:Signature:Date: License #:Daniel J. Wilke, P.E.I hereby certify that this plan, specification or reportwas prepared by me or under my direct supervisionand that I am a duly Licensed Professional Engineerunder the laws of the State of Minnesota.3890 PHEASANT RIDGE DRIVE NE, SUITE 100, BLAINE, MN 55449TEL 763.489-7900 \ FAX 763.489.7959 \ CARLSONMCCAIN.COM531822023-05-2305/23/235552-00OTSEGO, MINNESOTAHWY 101 & CSAH 37PARKING ADDITIONCONVENIENCE STORE #162EXISTING CONDITIONS &REMOVALS PLAN 162 SP2Know what'sRFAX (608) 781-8960PH. (608) 781-8988LA CROSSE, WI 54602-21071626 OAK STREETP.O. BOX 2107KWIK TRIP, Inc.DJWGRAPHICDRAWN BYSCALEPROJ. NO.DATESHEETDESCRIPTIONDATE#Name:Signature:Date: License #:Daniel J. Wilke, P.E.I hereby certify that this plan, specification or reportwas prepared by me or under my direct supervisionand that I am a duly Licensed Professional Engineerunder the laws of the State of Minnesota.3890 PHEASANT RIDGE DRIVE NE, SUITE 100, BLAINE, MN 55449TEL 763.489-7900 \ FAX 763.489.7959 \ CARLSONMCCAIN.COM531822023-05-2305/23/235552-00OTSEGO, MINNESOTAHWY 101 & CSAH 37PARKING ADDITIONCONVENIENCE STORE #162SITE PLAN 162 SP3Know what'sRFAX (608) 781-8960PH. (608) 781-8988LA CROSSE, WI 54602-21071626 OAK STREETP.O. BOX 2107KWIK TRIP, Inc.DJWGRAPHICDRAWN BYSCALEPROJ. NO.DATESHEETDESCRIPTIONDATE#Name:Signature:Date: License #:Daniel J. Wilke, P.E.I hereby certify that this plan, specification or reportwas prepared by me or under my direct supervisionand that I am a duly Licensed Professional Engineerunder the laws of the State of Minnesota.3890 PHEASANT RIDGE DRIVE NE, SUITE 100, BLAINE, MN 55449TEL 763.489-7900 \ FAX 763.489.7959 \ CARLSONMCCAIN.COM531822023-05-2305/23/235552-00OTSEGO, MINNESOTAHWY 101 & CSAH 37PARKING ADDITIONCONVENIENCE STORE #162GRADING & EROSIONCONTROL PLAN FRAMEFRAMECURB6"12" MIN.CONCRETESLAB-ON-GRADEWITH #3 REBARCOMPACTEDAGGREGATE BASECOMPACTEDSUB-GRADEGEOTEXTILE FABRIC (TYPE V)AS DETERMINED BY GEOTECHNICAL ENGINEER(I.E. OVER TANKS & AT ENTRANCES) HEAVY DUTY INCREASE TO 8" THICK AS NOTED ON PLANSNOTE:PAVEMENT SECTION TO BE VERIFIED W/GEOTECHNICAL REPORT.DETAILSFAX (608) 781-8960PH. (608) 781-8988LA CROSSE, WI 54602-21071626 OAK STREETP.O. BOX 2107KWIK TRIP, Inc.DJWGRAPHICDRAWN BYSCALEPROJ. NO.DATESHEETDESCRIPTIONDATE#Name:Signature:Date: License #:Daniel J. Wilke, P.E.I hereby certify that this plan, specification or reportwas prepared by me or under my direct supervisionand that I am a duly Licensed Professional Engineerunder the laws of the State of Minnesota.3890 PHEASANT RIDGE DRIVE NE, SUITE 100, BLAINE, MN 55449TEL 763.489-7900 \ FAX 763.489.7959 \ CARLSONMCCAIN.COM531822023-05-2305/23/235552-00OTSEGO, MINNESOTAHWY 101 & CSAH 37PARKING ADDITIONCONVENIENCE STORE #162162 SP4